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Questions Answered by Delaram Keshvarian
2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can I be evicted from a storage unit for a misunderstanding between management?

I found a cell phone left in the public restroom , my intention was to return it to the office. I got busy with things and had forgotten to do so . It belonged to management whom tract it to my friends and as soon as he asked for it , I returned it immediately.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 20, 2024

Thank you for your question!

A commercial landlord can evict a tenant under the terms of the lease agreement, and proper notice.

Absent an intention for larceny, no crime happened here, especially when you immediately returned the cell phone as soon as he asked for it. So eviction...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Roommate passed away, do I legally owe his x-wife the last month's rent back?
Delaram Keshvarian
Delaram Keshvarian
answered on Jun 20, 2024

Thank you for your question!

Whatever you owe to the roommate under the agreement between you, now you owe to his successor in interest in the agreement, here it can be the wife.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Hi, so I recently moved out from my apartment, I received my deposit back and was charged $500.

So my apartment charged us 750 for the deposit at move in. I recently moved away and received my deposit back (about $210). I was charged quite a bit for cleaning/ carpet cleaning and charged for painting. I thought that in California they are only able to charge for that if it is more than normal... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 19, 2024

Thank you for your question!

The landlord cannot charge you for charges related to wear and tear unless it is put in the lease agreement or the tenant causes damages.

You can for a small claim court damages take your money back.

This is merely a discussion of general laws...
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2 Answers | Asked in Real Estate Law for California on
Q: I need to know if I could cancel escrow days before closing. I'm in a lease with the option to buy which I exercised

The least does not expire until February, and the lease has been paid in full. I'm not asking for any money back. I just need to be out of escrow and on the lease so I can take care of my personal situation that has changed rapidly.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 18, 2024

Thank you for your question!

Check the escrow instructions to see if there's a provision for cancellation. You probably need to pay some money to get Beach the contract.

Also, if you have a valid reason in good faith, you can come out of the context. For, there is a hidden...
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3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for California on
Q: What makes a real property trust valid in California?

If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 18, 2024

Thank you for your question!

A spouse cannot hide her assets (if come from community property that belongs to marriage). I'm California, they use the trace-back method and track back the source of funds of each property to see if that property is a community property or not. All...
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2 Answers | Asked in Consumer Law, Contracts and Business Law for California on
Q: I financed a car last week . Car listing $19,499 but it ended up being around $34,000. The contract says optional add on

I called and told the dealer I want all the add ons removed . Again it says optional and it hasn’t been 30 days so they should remove it’. The dealer is saying no since I signed . The did yes mention theft protections but never did the say “oh btw it’s going to add $1500 more to the cost... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 13, 2024

Thank you for your question!

Did you read all the details of the contract before you sign it? Usually, dealers Shame you and rush you to sign it without reading.

If the additional amount is not listed in the contract, you may be able to cancel the whole deal or waive it....
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2 Answers | Asked in Real Estate Law for California on
Q: Joint tenancy when one owner dies.

My partner and I own our home as joint tenants, if one of us dies does the property pass without probate, to the surviving owner?

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 11, 2024

Thank you for your question!

yes, if it is a joint tenancy with right of survivorship, the transference would be automatic and without probate.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Legal advice on how to terminate your lease early without facing any penalties or consequences.

I found employment in northern California and I am moving to a different college called Chico State. I will finish my degree and be able to have a permit employment with this company. Due to the past environmental issues, this was a fatal killing of three people in the complex, I do not feel safe... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 11, 2024

Thank you for your question!

Fatal Environmental Hazard can make a property unhabitable. Also, there is a violation of the quiet enjoyment of the property. Under either legal theory, you can end the lease: 1. upon a proper notice to the landlord, and 2. landlord's failure to take...
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2 Answers | Asked in Appeals / Appellate Law and Real Estate Law for California on
Q: Property bought in 2019,was a typo by the title co and county,filed wrong,and that property was in process of civil case

And we were drug into this losing time and money for a erroneous error,we filed a denial,now were in case mgt,frivolous lawsuit

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 11, 2024

Thank you for your question!

The facts are very vague about the allegations in the lawsuit against you. Are you being sued for fraud because of the error of the title company and county recorder?

The county recorder does not check or review the accuracy of what it is recording....
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2 Answers | Asked in Landlord - Tenant for California on
Q: Does my ex need to give me a notice before evicting me if Im not on the lease but have paid several months rent

He found out Im pregnant with his child and kicked me out of our studio. He took my keys and told me I'm not allowed in. Im now homeless with nowhere to go. He lets me in only while he's there and only to pack my bags and shower occasionally. I am mentally suffering greatly and struggling... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 11, 2024

Thank you for your question!

For a tenancy of less than a year, the owl agreement is enough. But you need to provide some proof that we are living there. E.g., your name on bills, insurance, bank accounts, etc.

A proper notice must have been given to you, at least a 30-day notice...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Hi, it's been 40 days since I moved and have not received my security deposit despite manager saying she would send it.

Hi, on May 1st I moved from an apartment where I lived 4 years, although leasing Manager said we would get our $500 deposit back due to the good condition of the apartment, as of today I have not received the deposit nor any letter. She asked for my current address so I emailed and text it to her.... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 9, 2024

Thank you for your question!

You should have been refunded in 21 days. If the landlord is not responsive, and not willing to communicate truthfully, you can file a claim against him in the small claim court where the property is located for Beach of contract.

This is merely a...
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2 Answers | Asked in Landlord - Tenant for California on
Q: I'm currently facing a rental dispute regarding my lease in California.

need to transfer my lease to a new tenant or conduct a lease takeover due to an urgent situation. However, the lease agreement has specific clauses about assignment, subletting, and adding additional occupants that seem restrictive and potentially void without prior written consent from the... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 6, 2024

Thank you for your question!

It seems that your lease agreement allows subleasing/assignment conditioned on the landlord's consent.

Landlord's consent must be reasonable, and he cannot just withdraw his consent not to allow subleasing. For example, if the new tenant has...
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2 Answers | Asked in Foreclosure for California on
Q: Can a lender give you a loan based on a fraudulent credit score?
Delaram Keshvarian
Delaram Keshvarian
answered on Jun 7, 2024

Thank you for your question!

Yes, the lender may rely on a fraudulent credit score during lending. Later, when the interest rates of loans go up, the lender can foreclose borrower's property at a distressed price based on fraud (which has both criminal and civil penalty).

This...
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4 Answers | Asked in Consumer Law for California on
Q: Can the owner of a business (laundry) deny me service because I posted a negative comment on Google maps ?
Delaram Keshvarian
Delaram Keshvarian
answered on Jun 7, 2024

If government has strong entanglement in the business (e.g., they benefit from the business in anyway), under free speech clause, 1st Amendment, they cannot deny their service based on your review.

But, if they are private business, you have no protected constitutional right against them.

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2 Answers | Asked in Foreclosure for California on
Q: Is it legal for an attorney who. Is a defendant in an illegal foreclosure lawsuit who also represents the other defendan

To conduct a trustee sale of my homes. At the time of the trustee sale he was no longer the trustee.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 7, 2024

Thank you for your question!

As long as the interest of the clients are not adverse to each other, he can represent both of them. The lawyer must reasonably believes that she can represent both clients without conflict of interests. Or else, a written consent is required by each of the...
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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: Breaking a month to month lease

As a landlord I want to break my tenants lease because they won’t agree to me raising the rent. Can I write my own document saying i’m ending the lease? Or do I need to get an actual lawyer to write up a termination. Thank you.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 8, 2024

Thank you for your question!

There is a huge difference between a commercial and a residential lease. (This information is missing in your question).

Residential lease:

A good cause for eviction is required in many cities or properties. Give a 30-day notice of the increase...
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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Do I use a grant deed or a quitclaim deed or another form to change ownership of a house from primary trustee to succ?

I am the only heir/successor trustee of my mom's revocable trust. I want to change the deed at the REG/rec in LA, ca, from my mom as primary trustee (SHE died in 2/24) to me (the only successor trustee) as SOLE owner.

2. DO other forms go with (need to be filed with) the... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 7, 2024

Thank you for your question!

The revocable trust can be revoked by the trustor (your mom) and not by trustee or beneficiary. The only person who can transfer the trust assets from trust to your name, is your mother as long as she is alive.

When the trustor passes away, the trust...
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2 Answers | Asked in Foreclosure and Civil Rights for California on
Q: trustee, before/foreclosere rescided, cancel, withdraw,to default etc the loan is base of fraud how despute loan,

I cant continue paying after principal adjustment worst the new servicer have modified the payment history, went back 10 years before their time(access fees) the balanced in not correct what are my options. or where do I stand. Calfha reconvenyance the property back to me.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 4, 2024

Thank you for your question!

You can talk to the bank about the miscalculation of your loan balance. If there is a dispute about the amount of the balance, you can file a complaint and ask for declaratory judgment in addition to accounting.

I recommend you talk to a foreclosure...
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2 Answers | Asked in Foreclosure for California on
Q: what happened why rescinded, did my loan cancel back in 2012? can I suit, should I wait?

before the foreclosure the loan was force to be delinquent is very noticeable where the funds were at times applied, reverse, and them gone, I had no idea about the foreclosure, and I never lost contacted with BofA to the point of I was trick to signed docs and a loan modification was borned, even... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 4, 2024

Thank you for your question!

It seems that a foreclosure was done on your property without any notices, and there were unauthorized withdrawals from your account. An attorney needs to track the bank's conduct to see if there was a wrongful foreclosure.

This is merely a...
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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: Can I void my lease if the apartment was not ready by the term date?

I signed my lease and paid deposit and first months rent before the final walk through of my apartment. When I went to move in and do the final walk through, there were dead roaches on the floor, the apartment was dirty and the whole complex full of weeds. I did not move into the unit because I... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 8, 2024

Thank you for your question!

If there is infestation of roaches or unhabitable situation in the property, you can cancel the lease. The landlord has a duty to deliver the property to tenant in a proper and habitable situation.

Consult with an attorney to figure out if the situation...
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